Working From Home

Nigel Hale
Member - 13 posts

Stephen, in the general case, if your employee is working from home with your approval for whatever reason and your are paying them for that time then under the H&SAW Act you have a responsibility towards them. Of course, what this really means is that you should prepare a risk assessment and act on the conclusions of that assessment. If that means that the employee needs to upgrade facilities at home (desks, lighting, seating etc) then the employer has a duty to provide them.

If the worker is only occassionally working from home, doing simple paperwork type tasks then the risk assessment should be a simple exercise and would in most cases not throw up any problems. If, however, they are working with IT or chemicals or any other equipment that you supply or they work from home rgeularly then it may be a little more involved.

I would also suggest that if a worker has taken a day off (i.e. is on leave) and is working from home with your knowledge then it would be best to assume that your duty of care extends to that occassion too.

You might also want to check with your insurers to make sure that your cover extends to homeworking.

Hope this helps. It was only going to be a short answer but it just kept growing!

Nigel

Stephen Hutton
Member - 22 posts

Thanks Nigel,

I understand the implications of recognised homeworkers but it is the occasional ones that are the grey area for me. If we know that they will be working from home for the day, are we expected to carry out an assessment with regards to DSE etc? Is it acceptable then for the occasional worker to request a workstation on the assumption that they may work at home?

This seems to me to open up many roads in my mind. Do we just say NO to occasional workers even though we are being advised to go down the route of flexible working?

Stephen

Nigel Hale
Member - 13 posts

Stephen,

You have to make that decision based upon your assessment of the risks. If you would like some advice in respect of DSE risks (generally) and specifically the implications for occassional home work then we have a Human Factors Consultancy that specialise in ergonomics who can help. Call them (EMS Risk Consulting) at 01925 751444.

Nigel.

Ciaron Dunne
Member - 85 posts

Along similar lines, Workplace Law Consulting can help with ergonomics, and all aspects of DSE and homeworking. We can also offer in-house training on DSE risk assessments. For more information, please speak to your usual contact or call 0870 777 8881.

Ciaron

Anonymous

My view is that anyone working at home and not attending the office or other base is a home worker. Anyone dropping in/out of this scenario is someone who 'occasionally' works from home is therefore, in my view, not a home worker. The later scenario supports the work/life balance agenda we are urged to support.

There is a third scenario, which I have encountered, and that is those based at home. Often Sales people will leave and return home after a day on the road. They wont necessarily do any work other than phone in a figures/reports at the end of the day. A different approach may be required for these people but in my view they should not be classed as home workers.

As previous responses it is very much risk based approach. However we need to be clear as to the risk to be assessed. A home worker with full IT provision will require a detailed assessment, visits and monitoring during the time they are home working. They will also require suitable furniture and kit, a strong communication/support link with their manager/team etc. and an agreed HR procedure to deal with issues, which may arise.

Anyone occasionally working from home either using IT or basic pen and paper may well be adequately covered by a general approach to risk assessment. Tick sheets assessments covering the main issues and fact sheets covering advise on household insurance, keeping equipment safe etc. might be sufficient. This can extend in part to those who regularly work in their vehicles on trains etc. after all these areas become workplaces. I suggest it would be impractical to try and cover every eventuality of risk in these places that is why a general approach coupled with good communication and advice and an avenue to report any concerns is vital.

Alan Donnachie

Anonymous

I would also remind everyone that if they employ homeworkers who convert a study or other part of their home into an office, the Council may well charge that individual a business rate charge for the 'Office' parts of their home on top of their council tax.